Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #33

[oviedo]

I’m curious if perhaps there was a DPOA in place as part of their wills/trust. But (moo), SM wasn’t just thinking about a divorce, she had retained legal counsel to discuss the proceedings for filing an intent to divorce.

If something like that happened, would one of the first steps be for her attorney to draw up papers nullifying the DPOA?

If something like that did happen, there would be a nice paper trail of evidence for LE.

Likewise, could getting cancer a second time (and what we know about BM not alllowing MMJ or anti-depressants) have made SM decode she didn’t want BM to have DPOA because she didn’t trust that BM would make decisions with her best interest in mind?

In my state, that's called a revocation - and it is sent via certified mail to the former attorney-in-fact. My guess is he's never had her full DPOA.
@Hoss569
When a partner is ill but still has full mental capacity, we do DPOA's so that businesses and financial matters can continue as long as that person can make that decision still (no dementia, etc) - it's always sad for me when someone calls in wanting a DPOA done when their partner has Alzheimer's or a stroke that affects their mental capacity - and we aren't able to because a person has to have the capacity to consent to this person taking over their financial life. it's too late.

JMO

 

[Megnut]

If I could ask AM one question, it'd be how BM looked when he first saw him. We hear BM arrived possibly late on Mother's Day (after dark), we hear he wasn't hugely forthcoming with LE from the start, he didn't want to be filmed, it was too soon.

Why?

He waited a week before his 26-second video.

Why the wait?

What happens to skin, eyes, mucous membranes when exposed to high levels of chlorine in close quarters?

Is there marked improvement after 24 hours (1st daylight), 48 hours (1st conversation with AM), 7 days (video)?

Inquiring minds want to know.

JMO

 

[Fireflize]

And an innocent husband surely would let LE photograph his skin when he arrived home, right?

Yes, an innocent husband would. Moo

 

[EggSalad]

In my state, that's called a revocation - and it is sent via certified mail to the former attorney-in-fact. My guess is he's never had her full DPOA.
@Hoss569
When a partner is ill but still has full mental capacity, we do DPOA's so that businesses and financial matters can continue as long as that person can make that decision still (no dementia, etc) - it's always sad for me when someone calls in wanting a DPOA done when their partner has Alzheimer's or a stroke that affects their mental capacity - and we aren't able to because a person has to have the capacity to consent to this person taking over their financial life. it's too late.

JMO

If BM never had SM’s full DPOA, is it your opinion that this could have been a major source of stress in their marriage?

I recall doing this with my wife and we reviewed the paperwork together with the attorney who explained everything and then executed the documents at the same time.

Is that standard procedure in that for SM to not allow BM DPOA would that have been discussed together in person in the presence of an attorney?

I can only imagine how someone who is allegedly as controlling as BM would take that.

Or is it common for spouses to put together these documents independent from each other?

 

[ivegotthemic]

I’m curious if perhaps there was a DPOA in place as part of their wills/trust. But (moo), SM wasn’t just thinking about a divorce, she had retained legal counsel to discuss the proceedings for filing an intent to divorce.

If something like that happened, would one of the first steps be for her attorney to draw up papers nullifying the DPOA?

If something like that did happen, there would be a nice paper trail of evidence for LE.

Likewise, could getting cancer a second time (and what we know about BM not alllowing MMJ or anti-depressants) have made SM decode she didn’t want BM to have DPOA because she didn’t trust that BM would make decisions with her best interest in mind?

it depends, some states will automatically remove a spouse from a will/assets in the event of a divorce, others require revocation and other states only require you cross he name out and initial it, then include an additional doc with there replacement.

the one down side of wills is, once their created theres no recording system to show they exist. so if a will does exist bm could potentially destroy it and the courts would be none the wiser, however, its common to leave a copy with an attorney and in a safe location. the bad news is if SM met with an attorney secretly and made changes, that attorney might be the only person that knows. id assume anyone in CO would be aware of the circumstances but it they were in IN or MI they may not be as aware of whats going on. wills are actually kind of wild in the way their made and probabted, it can get weird

@EggSalad it really depends on the couple, some prefer to keep fiances separate and some choose to co-mingle assets. theres not necessarily a right or wrong, just couple preference

 

[happyday]

Help I am confused, If LE did not find evidence of a struggle during the first warrant why would they be removing items from the house? And with that being said how would they be able to secure a second warrant?
I ask because in my mind I had been thinking that evidence they collected and tested may have given a judge info that would allow a second warrant.
I also thought that no evidence of a struggle did not mean they did not find evidence that a crime had occurred.
Can you help me understand what I am missing?
Thanks

This alarmed me at first but people here have put my fears to rest about the “struggle“ or lack there of..

So LE didn’t exactly offer up that there was no evidence of a struggle. AM said he asked them and they said, “no.” IMO That could mean several different things:

—They found nothing. No struggle, no evidence.

—They found evidence (blood, bodily fluids etc) but no evidence of a struggle (knocked over chairs, broken necklaces etc.)

—They just said, “no,” but that’s not necessarily the truth & they did indeed find all kinds of things that they’re not revealing.

 

[Fireflize]

Help I am confused, If LE did not find evidence of a struggle during the first warrant why would they be removing items from the house? And with that being said how would they be able to secure a second warrant?
I ask because in my mind I had been thinking that evidence they collected and tested may have given a judge info that would allow a second warrant.
I also thought that no evidence of a struggle did not mean they did not find evidence that a crime had occurred.
Can you help me understand what I am missing?
Thanks

I don't think that we should assume that there was no sign of a struggle. If Andy asked, LE had no obligation to tell. If they do not want to tip their hand by saying yes, a no comment implies, yes. So I'm really not accepting that there was no sign of a struggle, the bleach smell means that there was something to clean up. LE cant tell Andy everything. Moo

 

[ivegotthemic]

sorry to go on i just thought of several things something like a family owned vacation house could be jointly owned by siblings and that would likely be separate or personal property significant value to the individual may be keep separate. it can be really asset dependent. usually the independently wealthy keep everything separate. but is common for married couples to do their joint assets together and then add their own provisions for individual property. but theres alot of personal factors that can play into it

 

[Kimmer]

If I was Barry's attorney & Barry was on trial, I'd argue that investigators
didn't find evidence of a struggle at the house because Barry didn't do anything to Suzanne. At the end of the day, the police have to find a causal link between Barry & Suzanne's disappearance if they are going to charge & convict him.

Help I am confused, If LE did not find evidence of a struggle during the first warrant why would they be removing items from the house? And with that being said how would they be able to secure a second warrant?
I ask because in my mind I had been thinking that evidence they collected and tested may have given a judge info that would allow a second warrant.
I also thought that no evidence of a struggle did not mean they did not find evidence that a crime had occurred.
Can you help me understand what I am missing?
Thanks

If I could ask AM one question, it'd be how BM looked when he first saw him. We hear BM arrived possibly late on Mother's Day (after dark), we hear he wasn't hugely forthcoming with LE from the start, he didn't want to be filmed, it was too soon.

Why?

He waited a week before his 26-second video.

Why the wait?

What happens to skin, eyes, mucous membranes when exposed to high levels of chlorine in close quarters?

Is there marked improvement after 24 hours (1st daylight), 48 hours (1st conversation with AM), 7 days (video)?

Inquiring minds want to know.

JMO

I also want to know if the first LE officer who saw BM if he smelled like bleach/chlorine? If you are bathing in it or wiping down with would you still smell like it?

 

[MsBetsy]

Help I am confused, If LE did not find evidence of a struggle during the first warrant why would they be removing items from the house? And with that being said how would they be able to secure a second warrant?
I ask because in my mind I had been thinking that evidence they collected and tested may have given a judge info that would allow a second warrant.
I also thought that no evidence of a struggle did not mean they did not find evidence that a crime had occurred.
Can you help me understand what I am missing?
Thanks

Yes, I think you are right. Just because there was no evidence of a struggle doesn't mean that a crime did not occur. But, depending on what other evidence was found, the defense could argue that there is no proof that BM caused any harm to SM. If there was little or no blood found, it would be even harder to prove.

We don't know what was found in the house or why they were able to get a second warrant. It could have been any number of things. Maybe it had nothing to do with what they found the first time. They may have discovered new information and went back to look for some other type of evidence.

Imo

 

[EggSalad]

No evidence of a struggle does not equal no evidence of a crime (Or murder) being committed in the house.

 

[Topppps]

This alarmed me at first but people here have put my fears to rest about the “struggle“ or lack there of..

So LE didn’t exactly offer up that there was no evidence of a struggle. AM said he asked them and they said, “no.” IMO That could mean several different things:

—They found nothing. No struggle, no evidence.

—They found evidence (blood, bodily fluids etc) but no evidence of a struggle (knocked over chairs, broken necklaces etc.)

—They just said, “no,” but that’s not necessarily the truth & they did indeed find all kinds of things that they’re not revealing.

How is finding blood not evidence of a struggle? That's a stretch isnt it?

 

[oviedo]

If BM never had SM’s full DPOA, is it your opinion that this could have been a major source of stress in their marriage?

I recall doing this with my wife and we reviewed the paperwork together with the attorney who explained everything and then executed the documents at the same time.

Is that standard procedure in that for SM to not allow BM DPOA would that have been discussed together in person in the presence of an attorney?

I can only imagine how someone who is allegedly as controlling as BM would take that.

Or is it common for spouses to put together these documents independent from each other?

in my 11 years at the firm - I've never seen a POA done behind someone's back - it's always been well married couples who give each other that power because otherwise a guardianship is necessary for assets held in one name only or joint if you want to sell the asset. Our attorneys always explain the power of the POA - because in my state they are durable - we don't do springing any more. Our statutes were revised because the banks lobbied for specific powers within the POA so now each person has to initial each power - or choose not to. The thing that is important to remember iMO is that when you have that POA - you can pretty much do anything with the assets. My speculation is that since this couple had a specific limited POA to sell a specific property in IN - they know all about the powers and how they can be used. Personally, I cannot imagine battling cancer and not having a POA in place. this is what bothers me the most - I don't think she wanted him to have her POA - IMO.

 

[MsBetsy]

I don't think that we should assume that there was no sign of a struggle. If Andy asked, LE had no obligation to tell. If they do not want to tip their hand by saying yes, a no comment implies, yes. So I'm really not accepting that there was no sign of a struggle, the bleach smell means that there was something to clean up. LE cant tell Andy everything. Moo

LE could also have been referring to the first time they looked around in the home, before they did any tests on whatever evidence they found. Or when AM asked them if it looked like there were signs of a struggle, he was asking about the physical appearance of the house. IMO

 

[ivegotthemic]

How is finding blood not evidence of a struggle? That's a stretch isnt it?

Signs of a struggle means things like signs of forced entry, broken furniture, papers scattered wildly, furniture moved in odd ways, broken stuff. Clear indicates a physical fight broke out. when someone has time they can fix these things but there can still be traces of blood, hair samples, electronics, or other valuable evidence in a house

 

[DizzyB]

It means she didn’t see it coming, or she didn’t fight back.

 

[MsBetsy]

How is finding blood not evidence of a struggle? That's a stretch isnt it?

I think it depends on whether or not there is evidence of a clean up or how much blood is found and where. IMO

 

[happyday]

How is finding blood not evidence of a struggle? That's a stretch isnt it?

Yeah that’s what I was thinking too. But I think a struggle means more like broken things, things out of order—like a fight of some sort occurred. And forensic evidence could be found in a perfectly orderly looking house. (Blood spatters only found w/luminol etc.)
Personally I don‘t think they necessarily told AM the truth.

 

[Lyanna]

Isn't a PoA granted when the person lacks capacity?

Sorry just seen some more answers (posted before finished reading other replies)

 

[Skigh]

This alarmed me at first but people here have put my fears to rest about the “struggle“ or lack there of..

So LE didn’t exactly offer up that there was no evidence of a struggle. AM said he asked them and they said, “no.” IMO That could mean several different things:

—They found nothing. No struggle, no evidence.

—They found evidence (blood, bodily fluids etc) but no evidence of a struggle (knocked over chairs, broken necklaces etc.)

—They just said, “no,” but that’s not necessarily the truth & they did indeed find all kinds of things that they’re not revealing.

I agree. There is no way L.E are going to say to Andy or anyone else ,that,yes, they did find evidence of a struggle.